Australian Capital Territory
Road Transport (Public Passenger Services) Exemption 2007 (No 1)
Disallowable instrument DI2007–66
made under the  
Road Transport (Public Passenger Services) Act 2001, section 127 (Minister may exempt vehicles and people from Act)
EXPLANATORY STATEMENT

Overview

The purpose of this instrument is to exempt Cabxpress Pty Ltd, a new taxi network, from the requirement to provide a booking and dispatch service to the public for a three week period during which time booking services will be provided to wheelchair-dependent people only.  

Detail

Road Transport (Public Passenger Services) (Minimum Service Standards - Taxi Network) Approval 2006, DI2006 – 27, require a network to provide a booking and dispatch service to the public 24 hours a day, seven days a week.

Section 73(2) of the Road Transport (Public Passenger Services) Regulation 2002 requires a taxi network to ensure that the taxi booking service is operated in accordance with the network’s accepted service standards for taxi bookings.   The accepted service standards are given to the taxi network on approval of accreditation, and reflect the arrangements that the particular network will have in place to meet the Minimum Service Standards. 

Cabxpress has met the requirements for taxi network accreditation.  Formal approval of accreditation by the Road Transport Authority comes into effect on 20 March 2007.  

During the period 20 March 2007 to 9 April 2007 inclusive, Cabxpress will provide a taxi booking service for wheelchair accessible taxis only.  A booking service will be provided for wheelchair-dependent people only.  

The Minimum Service Standards for taxi networks set out specific additional requirements for the provision of taxi services to wheelchair-dependent people including:

•	pre-booked hirings for wheelchair-dependent people are to be allocated to wheelchair accessible taxis by 7.30am every day,
•	a dedicated phone number is to be provided for bookings for wheelchair-dependent people, and
•	where a taxi will be more than 30 minutes late, the network must try to contact the person who made the booking and advise of the delay.

To ensure that such arrangements are firmly in place before commencing the full range of services required of a taxi network, Cabxpress is permitted to provide services for wheelchair accessible taxis only, and a booking service for wheelchair-dependent people only, for a period of three weeks.  

The wheelchair-accessible taxis will also be able to accept standard hirings from taxi ranks and from people hailing the taxis.

Cabxpress will provide a taxi booking service for the public from 10 April 2007. 

It is necessary to exempt Cabxpress, for the period 20 March to 9 April 2007 inclusive, from: 

•	Part 5.1(1) of the Road Transport (Public Passenger Services) (Minimum Service Standards- Taxi Network) Approval 2006 (No 2) DI2006-27, requirement for a taxi network to provide a booking service to the public 24 hours a day seven days a week; and
•	Section 73(2) of the Road Transport (Public Passenger Services) Regulation 2002, network provider to ensure that the taxi booking service is operated in accordance with the network’s accepted service standards for taxi bookings.  The exemption applies only in relation to Cabxpress’ accepted service standard for providing a booking service to the public 24 hours a day seven days a week.

Section 127(1) of the Act states that the Minister may exempt vehicles and people from the Act.  Under section 127(2) such a declaration is a Disallowable Instrument.  Section 104 of the Legislation Act 2001 provides that a reference to an Act includes a reference to the statutory instruments made, or in force under, the Act.